(a) When a party against whom a Complaint or other pleading (see Rule 6) requiring a response has been filed fails to timely Answer or otherwise defend, the party shall be defaulted. No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require. The court shall strike the default only upon motion and affidavit of defense, specifically setting forth the defense and the facts on which the defense is based.
Rule 42.Default
Group VIII: Judgment · Last amended September 18, 2018 · Last verified July 14, 2026
In one sentenceRule 42 explains how a party is defaulted for failing to timely answer or defend, how that default can be struck or made final, and the steps the non-defaulting party must follow to request entry of final judgment or decree.
Full Text of Rule 42
(b) Final default may be entered by the court, sua sponte, where appropriate, or by motion of a party, a copy of which shall be sent to all parties defaulted or otherwise.
(c) In all cases in which final default is entered, whether due to failure to file an Answer or otherwise, the case shall be marked "final default entered, continued for entry of judgment or decree upon compliance with Rule 42." A copy of the court's order and any subsequent orders shall be mailed or electronically delivered to all parties, defaulted or otherwise.
(d) The non-defaulting party may then request entry of final judgment or decree, by filing a motion, together with an affidavit of damages or, in cases where equitable relief is requested, a proposed decree. Where the default is based on a failure to file an Answer, the motion shall include a military service statement. The moving party shall certify to the court that a copy of all pleadings has been mailed to the defaulting party and shall include a notice that entry of final judgment or decree is being sought. Any party may request a hearing as to final judgment or decree. All notices under this rule shall be sufficient if mailed to the last known address of the defaulting party.
(e) A hearing as to final judgment or decree shall be scheduled upon the request of any party. Otherwise, the court may enter final judgment or decree based on the pleadings submitted or exercise its discretion to hold a hearing depending on the circumstances of the default, the sufficiency of the pleadings and the nature of the damages sought or relief requested.
(f) If the court schedules a hearing, all parties, defaulted or otherwise, shall receive notice and an opportunity to be heard.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013; amended July 13, 2018, eff. September 18, 2018.
2018: The 2018 amendment, added "or electronically delivered" in the second sentence of (c); substituted "a military service statement" for "an affidavit as to military service" in the second sentence of (d).
Plain-English Summary
When a party against whom a complaint or other pleading requiring a response has been filed fails to timely answer or otherwise defend, that party is defaulted. The default stays in place unless the parties agree to strike it or the court orders it struck, and the court will only strike it on a motion accompanied by an affidavit of defense that specifically sets out the defense and the facts behind it.
The court can enter final default on its own or on a party's motion, with a copy sent to all parties. Once final default is entered, the case is marked "final default entered, continued for entry of judgment or decree upon compliance with Rule 42," and the court's order and any later orders are mailed or electronically delivered to everyone, defaulted or not.
To turn a final default into an actual judgment, the non-defaulting party files a motion with an affidavit of damages, or a proposed decree if equitable relief is sought. If the default came from a failure to answer, the motion must include a military service statement. The moving party certifies that copies of the pleadings went to the defaulting party and gives notice that judgment is being sought. Any party can request a hearing; otherwise the court can enter judgment on the papers or hold a hearing depending on the circumstances, the pleadings, and the relief sought. If a hearing is scheduled, every party, defaulted or not, gets notice and a chance to be heard.
Frequently Asked Questions
What happens if a defendant never answers the complaint?
The defendant is defaulted for failing to timely answer or otherwise defend.
Can a default be undone once it's entered?
Yes, but only by agreement of the parties or by court order, and the court will strike a default only on a motion accompanied by an affidavit of defense that specifically sets out the defense and the facts it rests on.
What's the difference between a default and a "final default"?
An ordinary default is entered when a party fails to timely answer or defend. Final default is entered by the court on its own or on motion, and moves the case toward judgment: once entered, the case is marked for entry of judgment or decree upon compliance with Rule 42.
How does the other party get a judgment after a default?
By filing a motion with an affidavit of damages, or a proposed decree if equitable relief is sought, including a military service statement if the default stems from a failure to answer, and certifying that pleadings were mailed to the defaulting party and that judgment is being sought.
Will there be a hearing before judgment is entered against a defaulted party?
A hearing happens if any party requests one. Otherwise, the court can enter judgment based on the papers submitted or exercise its discretion to hold a hearing depending on the circumstances of the default, the sufficiency of the pleadings, and the relief requested.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: default judgment NH superior courtstriking a defaultfinal default enteredmilitary service statement defaultmotion for entry of judgment after default